Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406 -- Quashing of proceedings - Offence u/ss 498-A, 406 IPC - Complainant only citing incidents of unhappiness with her husband/accused - Allegations in complaint and charge sheet does not satisfy ingredients of alleged offences - Uncontroverted allegations against accused do not disclose..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 304B, 406 -- Bail - Cruelty - Dowry death - Deceased has tendency to commit suicide, as prior to present incident, deceased attempted to commit suicide - However, deceased denied demand of dowry in her statement recorded in that case - Thereafter, deceased levelled allegations regarding..........
Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Appeal against acquittal - Prosecutrix stated that complaint filed on behalf of her was not dictated by her and same was prepared by her brother and that contents of complaint were not read over to her at the time of filing the same - Parents of prosecutrix declared hostile - Prosecution failed to prove charges..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 498A, 406, 420, 120B -- Anticipatory bail - Bigamy - Husband performed second marriage during subsistence of first marriage - There are no criminal antecedents against husband except present case - High Court not justified in dismissing application of husband only on the basis of petition..........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 406, 363 -- -Revision - Dismissal of appeal against acquittal - Offence u/ss 498-A, 406, 363 IPC - Appeal filed against judgment of acquittal after almost 2 years - No explanation given for such inordinate delay and petitioner was well versed with the progress of case - It is thus not a..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 498A, 406, 307, 34 -- Recalling of witness - Offence u/ss 498-A, 406, 307, 34 IPC - Evidence of victim is of utmost significance, as she being material witness and sufferer of cruelty and harassment at the hands of accused for their unlawful demand of property or valuable security - Medical..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 498A, 406, 506, 323, 34 -- Cancellation of anticipatory bail - Offence u/ss 498-A, 406, 506, 323, 34 IPC - Matrimonial dispute - Nothing was said on merits while granting bail to accused and bail was granted as compromise was arrived at between parties - However, conduct of accused was not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 384, 420, 120B -- Two FIRs relating to same offence registered at place `U' (Rajasthan) and at place `H'(Haryana) - Complaint resulting in registration of FIR at `U' was prior to the registration of FIR at `H' - While registering FIR at `U' police was not aware about existence of FIR at..........
Criminal Procedure Code, 1973, Section 211, Indian Penal Code, 1860, Section 498A, 304B, 302, 306, 406 -- Charge - Charge framed u/ss 498-A, 304-B and in alternate u/s 302, 306, 406 IPC - Mother and brother of deceased though in their statement u/s 174 Cr.P.C. immediately after death stated that they have no grievance against i, laws but complaint on the basis of which FIR..........
